IN THE DISTRICT COURT OF MARYLAND FOR MONTGOMERY COUNTY
MONTGOMERY COUNTY, MARYLAND |
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Plaintiff |
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v. | Citation No. 4Z35201289
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JOHN R. GARRISON |
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Defendant |
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SUPPLEMENTAL ORDER FOR ABATEMENT
Upon consideration of the verified citation filed herein and the evidence presented at the hearings in this case, the Court finds that the Defendant has committed the violations of Montgomery County law stated in the above-referenced citation and that the Plaintiff, Montgomery County Maryland, is entitled to this Supplemental Order of Abatement pursuant to Montgomery County Code, Section 1-18(e), and it is this _____ day of , 2011, by the District Court of Maryland for Montgomery County:
WHEREAS, Defendant was found guilty on citation 4Z35201289 and an Order for Abatement was entered by this Court on June 27, 2007; and
WHEREAS, the June 27, 2007 Order for Abatement gave the Defendant thirty (30) days to either repair the condemned and unsafe structure at 36 Philadelphia Avenue, Takoma Park, Maryland, or to apply for a demolition permit from the Department of Permitting Services and demolish the structure; and
WHEREAS, Defendant has failed to repair or demolish the condemned and unsafe structure at 36 Philadelphia Avenue, Takoma Park, Maryland, and he has been found to be in contempt of Court for his failure to abide by the June 27, 2007 Order for Abatement; and
WHEREAS, by Deed dated July 7, 2009, and recorded on October 18, 2010, in Liber 40220, Folio 264 among the Land Records of Montgomery County, Maryland, Defendant John R. Garrison, as Grantor, purported to convey the property located at 36 Philadelphia Avenue, Takoma Park, Maryland, to Maryland Mental Health Care, whose address is listed on the Deed as 36 Philadelphia Avenue, Takoma Park, MD 20912, as Grantee; and
WHEREAS, Defendant was ordered by this Court to provide evidence of the existence of Maryland Mental Health Care, but Defendant has failed to do so, and there is no entity by the name of Maryland Mental Health Care registered in the State of Maryland or surrounding jurisdictions and the property at 36 Philadelphia Avenue, Takoma Park, MD 20912 is not in habitable condition and is not occupied; and
WHEREAS, the condition of the condemned structure at 36 Philadelphia Avenue, Takoma Park, Maryland, has further deteriorated since the June 27, 2007, Order for Abatement and the structure is unsafe and a public nuisance due to dilapidation, unsafe structure, collapsed rear roof and upper level, deterioration and decay; and
WHEREAS, the Plaintiff, Montgomery County, Maryland, wishes to authorize the City of Takoma Park, Maryland, to proceed with the demolition of the condemned structure at 36 Philadelphia Avenue, Takoma Park, Maryland, and to take the remedial action set forth in the June 27, 2007, Order for Abatement.
NOW, THEREFORE, it is by the District Court of Maryland for Montgomery County:
ORDERED, that as the Defendant has failed to abate all unsafe building conditions at 36 Philadelphia Avenue, Takoma Park, Maryland, so that the house and appurtenances are structurally sound, safe for occupancy, weather-tight, and not a public nuisance, the Plaintiff, Montgomery County, Maryland, and/or the City of Takoma Park, Maryland, and the agents, employees, and contractors of Montgomery County, Maryland, or the City of Takoma Park, Maryland, have permission to enter the property located at 36 Philadelphia Avenue, Takoma Park, Maryland, to inspect or assess the property conditions, to abate, correct or remove any or all of the violations, or to demolish the structure(s) on the property; and it is further
ORDERED, that the Defendant Plaintiff, Montgomery County, Maryland, and/or the City of Takoma Park, Maryland, are authorized to apply for a demolition permit for the structure(s) at 36 Philadelphia Avenue, Takoma Park, Maryland, from the Montgomery County Department of Permitting Services and a Historic Area Work Permit from the Maryland-National Capital Park and Planning Commission’s Historic Preservation Office; and
ORDERED, that upon issuance of the necessary permit(s) and approvals, Defendant Montgomery County, Maryland, and/or the City of Takoma Park, Maryland, or the agents, employees, and contractors of Montgomery County, Maryland, or the City of Takoma Park, Maryland, shall promptly proceed with demolition and removal of the structure(s) at 36 Philadelphia Avenue, Takoma Park, Maryland, and clean-up of the site in accordance with applicable law; and it is further
ORDERED, that if the City of Takoma Park, Maryland, abates any of the violations at 36 Philadelphia Avenue, Takoma Park, Maryland, pursuant to Maryland Rule 3-648, then the City of Takoma Park shall send the Defendant and the record owner of the property, Maryland Mental Health Care, a bill for the cost of abatement by regular mail to the last known address of the Defendant and of Maryland Mental Health Care or by any other means reasonably calculated to bring the bill to the Defendant’s attention; and it is further
ORDERED, that if the Defendant does not pay the bill within 30 days after it is presented, the City of Takoma Park may file a verified statement of the costs of abating the violations with the Court and the Court shall enter a judgment against the Defendant and against the record owner of 36 Philadelphia Avenue, Takoma Park, Maryland, for the cost of the abatement; and it is further
ORDERED, that once the Court has entered a judgment against the Defendant for the cost of abating the violations, the Plaintiff may enforce the judgment in the same manner as any other civil judgment for money, or collect the judgment in the same manner as it collects real property taxes; and
ORDERED, that alternative service of this Supplemental Order for Abatement is approved and this Order may be served by regular mail to Defendant John R. Garrison’s last known address of 7004 40th Avenue, Hyattsville, MD 20782, by regular mail to Maryland Mental Health Care at 36 Philadelphia Avenue, Takoma Park, MD 20912, and by posting a copy of this Order at 36 Philadelphia Avenue, Takoma Park, MD 20912; and
ORDERED, that the Clerk shall mail the signed Supplemental Order for Abatement to the Defendant and Maryland Mental Health Care at the above referenced addresses and that the City of Takoma Park shall post a copy of the Supplemental Order for Abatement at the above referenced property.
FAILURE TO COMPLY WITH THIS ORDER IS PUNISHABLE AS A CONTEMPT OF COURT.
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Judge
District Court of Maryland for Montgomery County
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